Perkins v. Stearns
Massachusetts Supreme Judicial Court
Bill in equity, filed December 14, 1893, by the executors of the will of William Stearns, to obtain the instructions of the court as to the construction of the will. The case was heard by Bar Jeer, J., and reserved by him for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtField, C. J.
The questions on which the plaintiffs as executors of the will of William Stearns are entitled at the present time to receive instructions relate to the performance of their duties under the seventh article of the will. The heirs of the testator’s mother living at the time of his death were two brothers and three sisters of the testator, and these were also the testator’s heirs at law. The only other heir at law of the testator was Elmer K. Stearns, a half brother, not a child of the testator’s mother. The first article of the will provided for the payment of the testator’s debts and the…
2Cases cited2 opinions
- Bassett v. GrangerMassachusetts Supreme Judicial Court · 1868
- Haskell v. SargentMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- Dollander v. DhaemersIllinois Supreme Court · 1921
- Loomis v. GorhamMassachusetts Supreme Judicial Court · 1904
- Woods v. GilsonMassachusetts Supreme Judicial Court · 1901
- Ghriskey's EstateSupreme Court of Pennsylvania · 1915